Disposed

Godawari W/O Rameshwar Karale and Anr. v. State of Maharashtra

Bombay HC21 Feb 2024BA/692/2024

Case brief

AI extract

What is this about?

Parents accused in a child-killing case for allegedly destroying the deceased's mortal remains sought bail under Section 439 CrPC. Finding allegations at most attracted bailable Section 201 IPC, with no criminal antecedents and no flight risk, the judge released both on modest bonds with conditions including residence outside Palghar district.

What did the court decide?

Both applicants released on bail on P.R. bond of Rs.10,000 each with one or two sureties in like amount, subject to listed conditions.

Godawari W/O Rameshwar Karale and Anr. Vs State… — Murder and Culpable Homicide | Bombay HC (2024)

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913-BA-692-2024.DOC
Sonali

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2024:BHC-AS:8302

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.692 OF 2024

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Godawari w/o. Rameshwar Karale & Anr.…Applicants
Versus

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The State of Maharashtra…Respondent

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Mr. Aniruddha B. Ghule Patil (through Video Conference),
Advocate for the Applicants.

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Mr. Prasanna P. Malshe, APP for the Respondent-State.
Mr. K. M. Dhadvad, Police Officer, Pelhar Police Station. District-
Palghar, present.

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CORAM: MADHAV J. JAMDAR, J. DATED : 21^st FEBRUARY 2024

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PC:-

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1. Heard Mr. Ghule Patil, learned Counsel appearing for the Applicants and Mr. Malshe, learned APP appearing for the Respondent-State.

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2. This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973. The relevant details are as follows:-

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`1. C. R. No.`	`1056 of 2023`
`2. Date of registration of F.I.R.`	`01/12/2023`
`3. Name of Police Station`	`Pelhar Police Station, District-` `Palghar`
`4. Section/s invoked`	`363, 302 and 201 of the` `I.P.C., 1860`

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`5. Date of incident`	`01/12/2023`
`6. Date of arrest`	`06/12/2023`

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3.The incident in question occurred on 1st December 2022. The
deceased is 8 years old daughter of the Informant. The Applicants
are neighbours of the Informant. The Applicants’ son who is a child
in conflict with law is aged 14 years. As per the prosecution case,
the deceased aged 8 years and the said child in conflict with law
aged 14 years were playing and there was some quarrel between
them and unfortunately the child in conflict with law aged 14
years killed the deceased aged 8 years. The allegation against the
present Applicants is that after the said incident, they tried to
destroy the mortal remains of the deceased and therefore the
allegation against the Applicants will at the most attract offence
under Section 201 of the Indian Penal Code, 1860, which is a
bailable offence.

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4.The trial is unlikely to conclude any time soon and is likely
to take a considerably long time.

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5.There are no criminal antecedents against the present
Applicants.

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6.Mr. Ghule Patil, learned Counsel appearing for the
Applicants states that as several witnesses are residing in the same
locality as that of the Applicants, the Applicants will therefore not

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913-BA-692-2024.DOC
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reside within District-Palghar and that the Applicants will reside at
c/o. Ganesh Karale, Room No.209, Sector 5, Koparkhairane, Navi
Mumbai District-Thane.

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7. The Applicants do not appear to be at risk of flight.

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8. Accordingly, the Applicants can be enlarged on bail by imposing conditions. In view thereof, the following order:-

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O R D E R

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(a)The Applicant No.1-Godawari w/o. Rameshwar Karale
and Applicant No.2-Rameshwar s/o. Sudhakar Karale
be released on bail in connection with C. R. No.1056
of 2023 registered with the Pelhar Police Station,
Taluka-Vasai, District-Palghar on their furnishing P. R.
Bond of Rs.10,000/- each with one or two sureties
each in the like amount.

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(b)The Applicants shall not enter the Palghar district after
being released on bail, except for reporting to the
Investigating Officer, if called and for attending the
trial.

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913-BA-692-2024.DOC
Sonali

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(c) On being released on bail, the Applicants shall furnish their cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

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(d) The Applicants shall report to the Koparkhairane Police Station, Navi Mumbai, District-Thane once in a month on first Sunday between 11.00 a.m. and 1.00 p.m. till the conclusion of the trial. The Police Inspector of Koparkhairane Police Station, Navi Mumbai, District-Thane to communicate details thereof to the Investigating Officer.

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(e) The Applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

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(f) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the

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Complainant or any witness in any manner.

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(g) The Applicants shall attend the trial regularly. The Applicants shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.

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(h) The Applicants shall surrender their passport, if any, to

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the Investigating Officer.

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9. The Bail Application is disposed of accordingly.

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10.It is clarified that the observations made herein are prima
facie and the Trial Court shall decide the case on its own merits
and uninfluenced by the observations made in this order.

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[MADHAV J. JAMDAR, J.]

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Signed by: Sonali Patil Designation: PA To Honourable Judge Date: 21/02/2024 17:51:19

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Godawari W/O Rameshwar Karale and Anr. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Godawari W/O Rameshwar Karale and Anr. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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